United States Eighth Circuit

In bankruptcy proceedings wherein appellant claimed that a mortgage he granted to appellee-bank on his home as collateral for business loans should be released under the terms of their agreement, summary judgment for bank is affirmed where: 1) with regards to the term "paid", the contract is not ambiguous and appellant's definition of the term was contrary to the parties' clear intention that bank be made a secured creditor; and 2) a claim that he should be equitably excused from his obligation as a guarantor is not addressed.

Appellate Information

• Decided 08/22/2008
• Published 08/22/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jamie R. Pierce, argued, Minneapolis, MN, Thomas G. Wallrich, on the brief, for appellant.


• For Appellees:
  
• Eric Sherburne, argued, St. Paul, MN, Kristine K. Nogosek, on the brief, for appellee.